No Smoking Regulations

From 1^st July 2007, it will be unlawful to smoke or permit smoking in public places in England.

This is not a piece of Employment Law legislation but it will impact upon both employers and employees and may lead to claims.

From an Employment Law perspective, the most likely scenarios are as follows:-

·        If an employer ignores the rule and permits employees to smoke, then non-smoking employees who are affected are likely to be able to raise grievances against their employers.

·        Employees may claim constructive unfair dismissal i.e. forced resignation, if they are forced to resign in circumstances where the ban has been ignored and where smoking is still permitted.

·        Before the ban, any affected employee would not have been able to point to any unlawful activity by the employer.

·        Aggrieved employees will rely on the unlawfulness of their employer’s activity as the key to making a claim.

There has already been some unrest amongst smokers as to their Human Rights and there is some suggestion that certain pressure groups and individuals may be trying to get the ban overturned in the European Court of Human Rights. It is unlikely that this argument will succeed.

It is also unlikely that employers will be obliged to allow smokers extra leave over and above their normal permitted leave to attend smoking cessation classes.

If this were to happen, it would give rise to understandable complaints from non-smokers who may then have justifiable claims of unfavourable treatment. It is highly unlikely that addiction to tobacco is ever likely to be recognised as a form of discrimination.

It is recommended that employers should be as fair as possible in order to treat smokers and non smokers in the same way.

If employers also take steps to accommodate smokers by providing outside smoking shelters, it is unlikely any smoker would be able to argue that their Human Rights have been breached.  Another suggestion would be to allow non smokers the same breaks as smokers.

For expert legal advice contact

Paul Davies, GLP Solicitors, Maple House, 8 Haymarket Street, Bury

BL9 0AR. Tel 0161 764 1818. paul.davies@glplaw.com